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Resolution 3331 - Subdivision - Gibson Add 41RESOLUTION NO. 3331 A RESOLUTION TO APPROVE AS A SUBDIVISION OF THE CITY OF KALISPELL, MONTANA, RESUBDIVISION OF LOTS NO. 1 AND NO. 3 OF GIBSON ADDITION NO. 41, SUBDIVISION NO. 131. BE IT RESOLVED TANA: BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MON- SECTION 1. That pursuant to the petition of Joseph F. Daley, et al., filed with the City Council of the City of Kalispell, and the submission to said Council by said petitioners of a preliminary plat reflecting the survey and designation of that territory with- in the City of Kalispell which said petitioners request be approved as a subdivision therein, and pursuant to those provisions of Title 76, Chapters 2 and 3, M.C.A., as amended, that are applicable thereto and the duly adopted and enforced subdivision regulations of the City of Kalispell, the Council and Mayor do hereby approve that said territory shall become and be a subdivision of the City of Kalispell to be known as: Resubdivision of Lots No. 1 and No. 3 of Gibson Addition No. 41, Subdivision No. 131. SECTION 2. The City Council, in considering this request, has found from the preliminary plat and evidence relating thereto, that approval of said subdivision is in the public interest, and in mak- ing such finding, the Council has considered and weighed: (a) basis of need for the subdivision; (b) expressed public opinion; (c) ef- fects on agriculture; (d) effects on local services; (e) effects on taxation; (f) effects on wildlife habitat, and (h) effects on the health and safety. SECTION 3. As a condition of said approval, however, peti- tioner must agree to the following terms and conditions: A) That the 30 foot road and utility ease- ments be extended through Lot 2 (along existing traffic lanes) and that all cor- ners of the road and utility easements be curved on a 70 foot centerline radius. B) That all roadway easements be paved and identified on the ground, except lots 10 and 11, which shall be paved when these lots are built upon. C) That deceleration lanes be provided for westbound traffic entering from the U.S. #2 access points, when required by the State Highway, and D) That a declaration of covenants be estab- lished which include: (1) Formation of a landowners association for maintenance of road easements and any other common amenities, (2) Architectural controls which address: exterior design, color and materials, building placement and parking; E) That each lot owner submit a site plan to the City Building Official for critical review of: building placement, access for service and emergency vehicles and parking plan. 86 SECTION 4. Park requirements having been met upon original. subdivision of .Gibson Addition No. 41, no additional park dedica- tion or.cash in lieu thereof, is required due to the non-residen- tial zoning applicable. Also, all property included in this sub -- division shall retain the zoning classification as presently .applied thereto. SECTION 5. Upon preparation of a final plat in accord with the foregoing conditions, and upon approval thereof as provided by law and proper filing thereof in the office of the Flathead County Clerk and Recorder, said territory shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 4TH DAY OF MAY, 1981. ATTEST: N Mat] o a Giermann, City Clerk la Norma E. Happ, Mayor 1 I, the undersigned, City Clerk of the City of Kalispell certify that the foregoing is a true copy of the Resolution passed by the City Council of the City of Kalispell, Montana at a -regular meeting held Cft er of the City of Kalispell